Issue 23 August 2016 l What’s Inside Release of the 2016 edition of the EBG Position Paper - 19th April,2016 at the Taj Mahal Hotel, New Delhi Raman Sidhu, FCA Chairman EBG Federation, India 2 EU & India 3 EBG Sector Committees 4 Release of EBG Position Paper (PP), 2016 in New Delhi 5 Release of EBG PP, 2016 in Mumbai & Bengaluru 6 Chapter updates 7 EA Link Project meeting and EBO meeting 8 Newsletter Sponsor Dear EBG Members, I am pleased to bring to you the third edition of this year’s EBG Newsletter and at the outset thank our sponsor Bird Group & Mrs Radha Bhatia in particular in helping bring out the Newsletters for this year. Michelin-EBG-IRF joint event: Panel discussion on 'Responsible Road Behaviour' – 20th April,2016 at the imperial, New Delhi. Release of the 2016 edition of the EBG Position Paper – 4th May,2016 at the Taj Mahal Palace, Mumbai Release of the 2016 edition of the EBG Position Paper – 8th July,2016 at the RitzCarlton, Bengaluru We pray for world peace and for so many innocent human beings including little children killed and injured due to the most mindless, barbaric & callous killings. Our focus like every year is to further strengthen the membership across all four chapters and to build the SME Forum to start with, in Delhi. Members who are interested to contribute to the building of EBG’s SME Forum can write to Neema S Kumar at gm@ebgindia.com In the run up to the publication of this year’s Position Paper, EBG has enabled the European companies to come together, sector by sector, and present their concerns and solutions to the relevant Government agencies. The Position Paper has thus set an agenda for advocacy by EBG and the basis of a continuing dialogue with policy makers and concerned Government agencies. The Sector Committee members, on behalf of EBG Membership, will continue to meet and interact with relevant Ministers and senior Bureaucrats in Government of India and State Governments. This year successful Position Paper launch events were held in Delhi, Mumbai and Bengaluru on 10th April, 4th May and 8th July respectively to release the 2016 edition of the EBG Position Paper. We present to you, in this Newsletter, a peep into the Release events. EBG Federation is a member of the European Business Organisation Worldwide Network (EBOWWN)and I attended their Annual meeting in Brussels in June. There are a lot of positive signals from the European Commission and the EU Delegation in India to support EBG in India as they see in EBG a very strong body to represent the voice of European businesses in India. The EBG Position Paper has over the years been very well received and appreciated by the European Commission, EU Delegation in India and the EBOWWN members. Further, we have had important meetings & events over the last few months, a glimpse of which are presented in this Newsletter’s Chapter updates. I would like to put in a word of acknowledgment to EBG’s Council members in all its chapters for being the source of encouragement for EBG’s growth and for holding high the EBG flag. You can look forward to more interactive sessions and some high profile events in the coming months with key EBG Stakeholders. Best wishes to our members who will be on holiday during this traditional European holiday period & a happy monsoon season to the members who are still holding fort in India. May God Almighty rest their souls in peace and give their near & dear the strength to face this irreparable loss in Nice, France. Best wishes, Raman 1 EU & India Tax Treaty Update India and Mauritius have ended a decade long negotiation of the popular India Mauritius tax treaty by signing a historic protocol which provides inter alia the right to India to tax capital gain income arising from sale of shares of Indian companies. The Protocol is yet to be notified by the Indian Government, and is expected to come into effect from April 1, 2017. The changed treaty grandfathers existing investments (made upto March 31, 2017) and provides for a transition period of two years from April 1, 2017 till March 31, 2019 wherein subject to satisfaction of a Limitation on Benefits clause, capital gains arising from sale of shares acquired and sold during this period will be taxed at a concessional rate of 50 percent of the applicable tax rates. The state of the India-Singapore tax treaty however remains in a flux. The Singapore tax treaty links capital gains tax exemption in India to an exemption available under the India Mauritius tax treaty, which primarily means that the capital gains exemption under the Singapore treaty falls away with the new Protocol coming into force from April 1, 2017. It is however expected that the Singapore treaty will be renegotiated and current Indian investments made by Singapore residents will be grandfathered post April 1, 2017. With respect to EU jurisdictions, there are news reports regarding the Indian Government opening negotiations of the Dutch tax treaty with the Netherlands. India has already renegotiated its tax treaty with Cyprus -as per a recent Press Release (dated July 1, 2016) issued by the Central Board of Direct Taxes (“CBDT”). The new treaty will provide taxation rights of capital gains from sale of shares of an Indian company to India. However, investments made prior to April 1, 2017 will be grandfathered and sale of such investments any time in the future will not be taxable in India. India had declared Cyprus as a notified jurisdictional area (“NJA”) in 2013 which resulted in increased scrutiny of transactions with Cyprus including an increased withholding tax rate of 30%. The Press Release of July 2016 states that India will be considering rescinding, retrospectively from November 1, 2013, the notification treating Cyprus as a NJA. EU members investing into any of the above jurisdictions including Mauritius and Singapore which in turn invest into India may need to determine global tax impact on account of such treaty changes. The described changes also show that given the global clampdown on use of tax avoidance structures, including the G20 and OECD's Base Erosion and Profit Shifting (BEPS) project, India is also taking steps to prevent its tax base erosion. At the same time, the manner of renegotiating tax treaties including grandfathering of prior investments, coinciding effective date of tax treaties with advent of General Anti Avoidance Rule from April 1, 2017 is positive and reinforces the Modi Government's moto of providing tax certainty without introducing retroactive changes in the Indian tax law. Courtesy: Parul Jain, Partner, BMR & Associates LLP EA Link Project meeting and EBO meeting The EU Asia Link project - Coordination Platform for the Internationalisation of the EU BusinessCommunity in the Asia Region. EBG Federation, India was represented by Ms Rekha Khanna, Chairperson, EBG Delhi Chapter at the 2nd meeting of the Asian Stakeholders of the EALink project that took place from 13th to 15thJune,2016 in Vientiane - Laos. The objective of the meeting was to fully exploit the potential of EALink to increase visibility among potential EU customers; facilitate exchange of best practices among Asia stakeholders, on keychallenges: sustainability & outreach. Annual EBO meeting in Brussels (20th- 22ndJune,2016) The EBO Worldwide Network ASBL is the sole organisation representing EU-wide business interests in third countries (non EU countries) and today has 29 registered members across the globe. EBO provides a common platform for European Business in nonEU markets (third markets). EBO shares information and best practices between the network and its stakeholders in order to provide first-rate services to European businesses outside of the European Union. The EBO as a network and its individual members is the “Voice of European Business Abroad”. EBG Federation India is part of this global network. This year's 15th Annual EBO meeting was held in Brussels. EBG Federation was represented by Mr Raman Sidhu, Chairman, EBG Federation, India at the meeting that took place from 20th to 22ndJune,2016. Mr Sidhu presented the 2016 edition of the EBG Position Paper at the EBO meeting. The Paper was well received. Apart from the attending the EBO meeting, Mr Sidhu also had important external meetings with Ms Jolana MUNGENGOVÁ, Cabinet of Cecilia Malmström, Commissioner for Trade and Ms Helena König, Director for Trade Relations with Asia and Latin America & the Chief FTA Negotiator for India and their respective teams. EBG acknowledges the support from Mr Maurizio Cellini, First Counsellor, Head of Trade and Economic affairs, Delegation of the European Union to India. Mr Cellini has completed his tenure in India. EBG wishes him and his family the very best for his future. EBOWWN Board Mr Raman Sidhu, Chairman, EBG India with Mr Renato Pacheco-Neto, EBOWWN Chairman Annual EBG-BBG Dateline Delhi event in Delhi th Farewell to Mr Maurizio Cellini, First Counsellor, Head of Trade and Economic affairs, Delegation of the European Union to India EBG also bids farewell to all the Ambassadors & Economic & Commercial Counselors of EU Member States who have completed their term in India and acknowledges their support to EBG. 2 Wednesday, 10 August, 2016 – Annual EBG-BBG Dateline Delhi event where a panel of eminent speakers will answer questions on important matters of current affairs. This year the eminent panel includes Dr Shashi Tharoor, Member of Parliament for Thiruvananthapuram, Chairman of the Parliamentary Standing Committee on External Affairs; Mr Swapan Dasgupta, Senior Indian Journalist and M P (RajyaSabha); Mr Anil Padmanabhan, Executive Editor at the Mint, Mr Douglas Busvine, New Delhi Bureau Chief at Thomson Reuters and Mr.Pranjal Sharma - Commentator, analyst and advisor on economy, globalisation and media. Mr Andrew Soper, Minister Counsellor (Political and Press), British High Commission will be moderating the session. The Rt. Hon Greg Clark, British Secretary of State for Business, Energy and Industrial Strategy and the British High Commissioner, Sir Dominic Asquith KCMG will be joining us at the reception (around 7.30 pm) of Dateline Delhi. The event is being organised at the British Council, New Delhi. (5:30pm onwards concluding with cocktail reception). 7 Chapter updates Chapter updates on the road shows organised to release the 2016 edition of the EBG Position Paper EBG Sector Committees Some good reasons to be a part of EBG's sector committees: Making an impact Bengaluru Delhi The 2016 edition of the EBG Position Paper was released by Shri Manoj Sinha, currently Minister of State for Communications (Independent charge); H.E Mr. Tomasz Kozlowski, Ambassador of the European Union to India; Shri Amitabh Kant, CEO, Niti Aayog and some of the European Memberstate Ambassadors on 19th April, 2016 at Taj Mahal Hotel, New Delhi. The event was well attended with around 200 participants and had representation from CEOs, CFOs and Managing Directors of major European companies, leading consultants and European Member State Embassies. Ambassadors and senior officials from the European Member States attended the event. It is noteworthy to mention and acknowlege the efforts put in by all the Sector Committee Chairpersons & its members and all their knowledge partners for the timely publication of the EBG Position Paper, 2016 The event was sponsored by BMW, G4S, Maersk Group, YES Bank, BAE Systems, Bio Merieux, Hindustan Unilever Limited, SAAB Group, Michelin, Nokia, Outokumpu, Alar, Moet Hennessy & Kyndal Group. EBG Federation – Bengaluru Chapter released the Position paper on key policy reforms for business growth on Friday, 8th July, 2016 in Bengaluru. The paper was released by the Chief Guest, Karnataka Industry Minister Mr. R V Deshpande; Chairman, EBG Federation India - Mr. Raman Sidhu; Chairperson, EBG Federation Karnataka - Ms. Anandi Iyer & Senior Advisor, Position Paper & Sector Committee Chairperson - Mr. Rajeev Gupta. While addressing the participants at the release of the EBG Position paper, Mr. Deshpande said “Karnataka shares very strong alliance with all the European companies that have established a presence here since past many years, there are several factors that have attracted the investors and big companies. However, I would also like to request you to also look at expanding to places like Mysuru, Belagavi, Kalaburagi, Yadgir and Hubballi-Dharwad in Karnataka which are equally attractive in terms of connectivity, weather conditions & infrastructure with an added advantage for low cost lands. Much importance is also being given to improve infrastructure in Bengaluru too and we plan to set up elevated corridors and provide Metro connectivity to the airport”. The event was attended by luminaries, policy makers, decision makers, industry pioneers of European Companies including Consulate General from Britain, Germany and Switzerland. Manod Jinnuri (SAAB Group) Chairman, EBG's Defence sector committee EBG's Defence Sector Committee comprises of all major European Defence companies operating in India, with significant experienced members, having many programs and stakes due to their long standing relation with India and Armed Forces. Government of India, through their recent steps and efforts attracted companies to invest and support the requirements. EBG's Defence Sector Committee is putting continuous and best efforts giving constructive views and recommendations on all issues for the best of the common interests and goals. The EBG brand supports the European Defence Companies in their endeavours and their growth in facilitating and leveraging the European position. Its unique position through the European Commission, is giving a new visibility to European Defence companies. Julian Michael Bevis (Maersk Group) Chairman, EBG's Logistics sector committee Mumbai The EBG Position Paper was presented to Shri Subhash Desai, the Minister for Industries & Mining, Government of Maharashtra on Wednesday, 4th May, 2016 at an evening event organised at The Taj Mahal Palace, Mumbai. It was a well-attended event. The event was supported by Fuchs Lubricants, Motul and Solvay Specialities Pvt. Ltd. Release of the EBG Position Paper, 2016 – Friday, 8th July, 2016 in Bengaluru Other event updates: A panel discussion was organised jointly by Michelin India-EBG-IRF on “Responsible Road Behaviour”. Mr. Jean Todt, President FIA and UN Ambassador on Road Safety was the Chief Guest. The event was organised on Wednesday, 20th April, 2016 at the Imperial Hotel, New Delhi. The eminent panel included Mr Jean Todt, President, FIA, Ms. Deepa Menon, Senior Vice President, Corporate Communications & CSR, PVR Ltd and senior official from the Government of India which covered topics on: 1. Road Safety in India – Priorities and the Road' 2. Change agents and Brand Ambassadors 3. Media as a tool for promoting Road Safety Behaviour Change Mr K.K. Kapila, Chairman, International Road Federation (IRF) Geneva Programme Center moderated the session brilliantly. It was an informative, interactive, interesting and well attended session. EBG Mumbai Chapter and Wines of India invited the members to join Sommelier Nikhil Agarwal for tasting of 10 wines from India's favourite wineries on Thursday, 16th June, 2016 at AKA, Worli. EBG members were invited by AmCham to an interactive session on “Foreign Direct Investment – Taking the Agenda Forward” organised at the Shangri Hotel, New Delhi on Wednesday, 3rd August, 2016. 6 European logistics organisations operate in India in every sector of the industry. They provide integrated services facilitating the efficient movement of freight by land, by sea, by air and thereby provide essential support to India's rapidly growing domestic and international trade. Without such services India's flagship Policy programmes such as 'Make in India' will though not deliver to their full potential. An efficient logistics sector is therefore vital to India's future prosperity EBG Federation (an association of EU Corporates in India) exists to represent the cause of its membership to all stakeholders in India. It exists to ensure that the partnership between European and Indian business is continuously strengthened and that challenges are jointly and constructively addressed. Logistics impacts all sectors of commerce and industry and the representation of the European logistics sector in India is therefore a key element of EBG's activities in India Patrik Antoni (IKEA) Chairman, EBG's Retail Sector Committee IKEA sees good value in working together with our European peers through the platform that EBG provides. We share experiences and challenges and are now together engaging with stakeholders working on common key issues. EBG's Retail sector committee is also working with Invest India to present its concerns with recommendations to the relevant stakeholders. T V Ramachandran (Advisory@TVR) Chairman, EBG's Telecom Sector Committee EBG's Telecom Sector Committee (TSC) comprises of representatives from all major European telecom companies operating in India and it is to be noted that these represent the largest investments in Indian telecom. There is great appreciation among members that the EBG brand enjoys significant respect and standing with the Government and that this needs to be leveraged more for facilitating the improved growth of the companies. The Government and the Regulator appear to be developing a favourable opinion of the EBG TSC and seem to realise that the EBG is putting forth mature and sober positions on all critical subjects. The EBG TSC is steadily enhancing its activity level in several areas with the rising interest among members in supporting the Committee and a growing demand pull of support services from the Committee and the Secretariat. In view of the significant value addition experienced by members, it has been resolved to have a suitable person hired to provide dedicated support to the TSC. The Telecom Sector Committee appears to be fully poised to rise to the next higher level of standing and contributions to the members. EBG's Retail sector committee members in a meeting with Invest India Financial Services Sector Committee set to start soon. It will have representation from companies like TMF, Home Credit, BMW Financial Services, Devere Group etc. Welcome New Members Delhi Mumbai 1. Fast Lane Automotive Pvt. Ltd. 2. French Bakery 3. Interem-International Removals Division of Freight Systems India Pvt Ltd 4. PwC 5. TechLegis, Advocates & Solicitors 6. TMF Services India Pvt. Ltd. 7. William Grant & Sons India Pvt. Ltd. 1. Industrial Accessories Corporation 2. DZ Bank Bengaluru 1. Siemens Technology and Services Pvt Ltd 2. MercuriUrval India 3. Ernst & Young Private LLP 4. Hutchinson 3 Release of EBG Position Paper,2016 in New Delhi Release of EBG Position Paper,2016 in Mumbai & Bengaluru Release of the 2016 edition of the EBG Position Paper in Mumbai Wednesday, 4th May,2016 Release of the 2016 edition of the EBG Position Paper in New Delhi Tuesday, 19th April,2016 Details about the event on Page 6 Release of the 2016 edition of the EBG Position Paper in Bengaluru Friday, 8th July,2016 4 5 Release of EBG Position Paper,2016 in New Delhi Release of EBG Position Paper,2016 in Mumbai & Bengaluru Release of the 2016 edition of the EBG Position Paper in Mumbai Wednesday, 4th May,2016 Release of the 2016 edition of the EBG Position Paper in New Delhi Tuesday, 19th April,2016 Details about the event on Page 6 Release of the 2016 edition of the EBG Position Paper in Bengaluru Friday, 8th July,2016 4 5 Chapter updates Chapter updates on the road shows organised to release the 2016 edition of the EBG Position Paper EBG Sector Committees Some good reasons to be a part of EBG's sector committees: Making an impact Bengaluru Delhi The 2016 edition of the EBG Position Paper was released by Shri Manoj Sinha, currently Minister of State for Communications (Independent charge); H.E Mr. Tomasz Kozlowski, Ambassador of the European Union to India; Shri Amitabh Kant, CEO, Niti Aayog and some of the European Memberstate Ambassadors on 19th April, 2016 at Taj Mahal Hotel, New Delhi. The event was well attended with around 200 participants and had representation from CEOs, CFOs and Managing Directors of major European companies, leading consultants and European Member State Embassies. Ambassadors and senior officials from the European Member States attended the event. It is noteworthy to mention and acknowlege the efforts put in by all the Sector Committee Chairpersons & its members and all their knowledge partners for the timely publication of the EBG Position Paper, 2016 The event was sponsored by BMW, G4S, Maersk Group, YES Bank, BAE Systems, Bio Merieux, Hindustan Unilever Limited, SAAB Group, Michelin, Nokia, Outokumpu, Alar, Moet Hennessy & Kyndal Group. EBG Federation – Bengaluru Chapter released the Position paper on key policy reforms for business growth on Friday, 8th July, 2016 in Bengaluru. The paper was released by the Chief Guest, Karnataka Industry Minister Mr. R V Deshpande; Chairman, EBG Federation India - Mr. Raman Sidhu; Chairperson, EBG Federation Karnataka - Ms. Anandi Iyer & Senior Advisor, Position Paper & Sector Committee Chairperson - Mr. Rajeev Gupta. While addressing the participants at the release of the EBG Position paper, Mr. Deshpande said “Karnataka shares very strong alliance with all the European companies that have established a presence here since past many years, there are several factors that have attracted the investors and big companies. However, I would also like to request you to also look at expanding to places like Mysuru, Belagavi, Kalaburagi, Yadgir and Hubballi-Dharwad in Karnataka which are equally attractive in terms of connectivity, weather conditions & infrastructure with an added advantage for low cost lands. Much importance is also being given to improve infrastructure in Bengaluru too and we plan to set up elevated corridors and provide Metro connectivity to the airport”. The event was attended by luminaries, policy makers, decision makers, industry pioneers of European Companies including Consulate General from Britain, Germany and Switzerland. Manod Jinnuri (SAAB Group) Chairman, EBG's Defence sector committee EBG's Defence Sector Committee comprises of all major European Defence companies operating in India, with significant experienced members, having many programs and stakes due to their long standing relation with India and Armed Forces. Government of India, through their recent steps and efforts attracted companies to invest and support the requirements. EBG's Defence Sector Committee is putting continuous and best efforts giving constructive views and recommendations on all issues for the best of the common interests and goals. The EBG brand supports the European Defence Companies in their endeavours and their growth in facilitating and leveraging the European position. Its unique position through the European Commission, is giving a new visibility to European Defence companies. Julian Michael Bevis (Maersk Group) Chairman, EBG's Logistics sector committee Mumbai The EBG Position Paper was presented to Shri Subhash Desai, the Minister for Industries & Mining, Government of Maharashtra on Wednesday, 4th May, 2016 at an evening event organised at The Taj Mahal Palace, Mumbai. It was a well-attended event. The event was supported by Fuchs Lubricants, Motul and Solvay Specialities Pvt. Ltd. Release of the EBG Position Paper, 2016 – Friday, 8th July, 2016 in Bengaluru Other event updates: A panel discussion was organised jointly by Michelin India-EBG-IRF on “Responsible Road Behaviour”. Mr. Jean Todt, President FIA and UN Ambassador on Road Safety was the Chief Guest. The event was organised on Wednesday, 20th April, 2016 at the Imperial Hotel, New Delhi. The eminent panel included Mr Jean Todt, President, FIA, Ms. Deepa Menon, Senior Vice President, Corporate Communications & CSR, PVR Ltd and senior official from the Government of India which covered topics on: 1. Road Safety in India – Priorities and the Road' 2. Change agents and Brand Ambassadors 3. Media as a tool for promoting Road Safety Behaviour Change Mr K.K. Kapila, Chairman, International Road Federation (IRF) Geneva Programme Center moderated the session brilliantly. It was an informative, interactive, interesting and well attended session. EBG Mumbai Chapter and Wines of India invited the members to join Sommelier Nikhil Agarwal for tasting of 10 wines from India's favourite wineries on Thursday, 16th June, 2016 at AKA, Worli. EBG members were invited by AmCham to an interactive session on “Foreign Direct Investment – Taking the Agenda Forward” organised at the Shangri Hotel, New Delhi on Wednesday, 3rd August, 2016. 6 European logistics organisations operate in India in every sector of the industry. They provide integrated services facilitating the efficient movement of freight by land, by sea, by air and thereby provide essential support to India's rapidly growing domestic and international trade. Without such services India's flagship Policy programmes such as 'Make in India' will though not deliver to their full potential. An efficient logistics sector is therefore vital to India's future prosperity EBG Federation (an association of EU Corporates in India) exists to represent the cause of its membership to all stakeholders in India. It exists to ensure that the partnership between European and Indian business is continuously strengthened and that challenges are jointly and constructively addressed. Logistics impacts all sectors of commerce and industry and the representation of the European logistics sector in India is therefore a key element of EBG's activities in India Patrik Antoni (IKEA) Chairman, EBG's Retail Sector Committee IKEA sees good value in working together with our European peers through the platform that EBG provides. We share experiences and challenges and are now together engaging with stakeholders working on common key issues. EBG's Retail sector committee is also working with Invest India to present its concerns with recommendations to the relevant stakeholders. T V Ramachandran (Advisory@TVR) Chairman, EBG's Telecom Sector Committee EBG's Telecom Sector Committee (TSC) comprises of representatives from all major European telecom companies operating in India and it is to be noted that these represent the largest investments in Indian telecom. There is great appreciation among members that the EBG brand enjoys significant respect and standing with the Government and that this needs to be leveraged more for facilitating the improved growth of the companies. The Government and the Regulator appear to be developing a favourable opinion of the EBG TSC and seem to realise that the EBG is putting forth mature and sober positions on all critical subjects. The EBG TSC is steadily enhancing its activity level in several areas with the rising interest among members in supporting the Committee and a growing demand pull of support services from the Committee and the Secretariat. In view of the significant value addition experienced by members, it has been resolved to have a suitable person hired to provide dedicated support to the TSC. The Telecom Sector Committee appears to be fully poised to rise to the next higher level of standing and contributions to the members. EBG's Retail sector committee members in a meeting with Invest India Financial Services Sector Committee set to start soon. It will have representation from companies like TMF, Home Credit, BMW Financial Services, Devere Group etc. Welcome New Members Delhi Mumbai 1. Fast Lane Automotive Pvt. Ltd. 2. French Bakery 3. Interem-International Removals Division of Freight Systems India Pvt Ltd 4. PwC 5. TechLegis, Advocates & Solicitors 6. TMF Services India Pvt. Ltd. 7. William Grant & Sons India Pvt. Ltd. 1. Industrial Accessories Corporation 2. DZ Bank Bengaluru 1. Siemens Technology and Services Pvt Ltd 2. MercuriUrval India 3. Ernst & Young Private LLP 4. Hutchinson 3 EU & India Tax Treaty Update India and Mauritius have ended a decade long negotiation of the popular India Mauritius tax treaty by signing a historic protocol which provides inter alia the right to India to tax capital gain income arising from sale of shares of Indian companies. The Protocol is yet to be notified by the Indian Government, and is expected to come into effect from April 1, 2017. The changed treaty grandfathers existing investments (made upto March 31, 2017) and provides for a transition period of two years from April 1, 2017 till March 31, 2019 wherein subject to satisfaction of a Limitation on Benefits clause, capital gains arising from sale of shares acquired and sold during this period will be taxed at a concessional rate of 50 percent of the applicable tax rates. The state of the India-Singapore tax treaty however remains in a flux. The Singapore tax treaty links capital gains tax exemption in India to an exemption available under the India Mauritius tax treaty, which primarily means that the capital gains exemption under the Singapore treaty falls away with the new Protocol coming into force from April 1, 2017. It is however expected that the Singapore treaty will be renegotiated and current Indian investments made by Singapore residents will be grandfathered post April 1, 2017. With respect to EU jurisdictions, there are news reports regarding the Indian Government opening negotiations of the Dutch tax treaty with the Netherlands. India has already renegotiated its tax treaty with Cyprus -as per a recent Press Release (dated July 1, 2016) issued by the Central Board of Direct Taxes (“CBDT”). The new treaty will provide taxation rights of capital gains from sale of shares of an Indian company to India. However, investments made prior to April 1, 2017 will be grandfathered and sale of such investments any time in the future will not be taxable in India. India had declared Cyprus as a notified jurisdictional area (“NJA”) in 2013 which resulted in increased scrutiny of transactions with Cyprus including an increased withholding tax rate of 30%. The Press Release of July 2016 states that India will be considering rescinding, retrospectively from November 1, 2013, the notification treating Cyprus as a NJA. EU members investing into any of the above jurisdictions including Mauritius and Singapore which in turn invest into India may need to determine global tax impact on account of such treaty changes. The described changes also show that given the global clampdown on use of tax avoidance structures, including the G20 and OECD's Base Erosion and Profit Shifting (BEPS) project, India is also taking steps to prevent its tax base erosion. At the same time, the manner of renegotiating tax treaties including grandfathering of prior investments, coinciding effective date of tax treaties with advent of General Anti Avoidance Rule from April 1, 2017 is positive and reinforces the Modi Government's moto of providing tax certainty without introducing retroactive changes in the Indian tax law. Courtesy: Parul Jain, Partner, BMR & Associates LLP EA Link Project meeting and EBO meeting The EU Asia Link project - Coordination Platform for the Internationalisation of the EU BusinessCommunity in the Asia Region. EBG Federation, India was represented by Ms Rekha Khanna, Chairperson, EBG Delhi Chapter at the 2nd meeting of the Asian Stakeholders of the EALink project that took place from 13th to 15thJune,2016 in Vientiane - Laos. The objective of the meeting was to fully exploit the potential of EALink to increase visibility among potential EU customers; facilitate exchange of best practices among Asia stakeholders, on keychallenges: sustainability & outreach. Annual EBO meeting in Brussels (20th- 22ndJune,2016) The EBO Worldwide Network ASBL is the sole organisation representing EU-wide business interests in third countries (non EU countries) and today has 29 registered members across the globe. EBO provides a common platform for European Business in nonEU markets (third markets). EBO shares information and best practices between the network and its stakeholders in order to provide first-rate services to European businesses outside of the European Union. The EBO as a network and its individual members is the “Voice of European Business Abroad”. EBG Federation India is part of this global network. This year's 15th Annual EBO meeting was held in Brussels. EBG Federation was represented by Mr Raman Sidhu, Chairman, EBG Federation, India at the meeting that took place from 20th to 22ndJune,2016. Mr Sidhu presented the 2016 edition of the EBG Position Paper at the EBO meeting. The Paper was well received. Apart from the attending the EBO meeting, Mr Sidhu also had important external meetings with Ms Jolana MUNGENGOVÁ, Cabinet of Cecilia Malmström, Commissioner for Trade and Ms Helena König, Director for Trade Relations with Asia and Latin America & the Chief FTA Negotiator for India and their respective teams. EBG acknowledges the support from Mr Maurizio Cellini, First Counsellor, Head of Trade and Economic affairs, Delegation of the European Union to India. Mr Cellini has completed his tenure in India. EBG wishes him and his family the very best for his future. EBOWWN Board Mr Raman Sidhu, Chairman, EBG India with Mr Renato Pacheco-Neto, EBOWWN Chairman Annual EBG-BBG Dateline Delhi event in Delhi th Farewell to Mr Maurizio Cellini, First Counsellor, Head of Trade and Economic affairs, Delegation of the European Union to India EBG also bids farewell to all the Ambassadors & Economic & Commercial Counselors of EU Member States who have completed their term in India and acknowledges their support to EBG. 2 Wednesday, 10 August, 2016 – Annual EBG-BBG Dateline Delhi event where a panel of eminent speakers will answer questions on important matters of current affairs. This year the eminent panel includes Dr Shashi Tharoor, Member of Parliament for Thiruvananthapuram, Chairman of the Parliamentary Standing Committee on External Affairs; Mr Swapan Dasgupta, Senior Indian Journalist and M P (RajyaSabha); Mr Anil Padmanabhan, Executive Editor at the Mint, Mr Douglas Busvine, New Delhi Bureau Chief at Thomson Reuters and Mr.Pranjal Sharma - Commentator, analyst and advisor on economy, globalisation and media. Mr Andrew Soper, Minister Counsellor (Political and Press), British High Commission will be moderating the session. The Rt. Hon Greg Clark, British Secretary of State for Business, Energy and Industrial Strategy and the British High Commissioner, Sir Dominic Asquith KCMG will be joining us at the reception (around 7.30 pm) of Dateline Delhi. The event is being organised at the British Council, New Delhi. (5:30pm onwards concluding with cocktail reception). 7 Issue 23 August 2016 l What’s Inside Release of the 2016 edition of the EBG Position Paper - 19th April,2016 at the Taj Mahal Hotel, New Delhi Raman Sidhu, FCA Chairman EBG Federation, India 2 EU & India 3 EBG Sector Committees 4 Release of EBG Position Paper (PP), 2016 in New Delhi 5 Release of EBG PP, 2016 in Mumbai & Bengaluru 6 Chapter updates 7 EA Link Project meeting and EBO meeting 8 Newsletter Sponsor Dear EBG Members, I am pleased to bring to you the third edition of this year’s EBG Newsletter and at the outset thank our sponsor Bird Group & Mrs Radha Bhatia in particular in helping bring out the Newsletters for this year. Michelin-EBG-IRF joint event: Panel discussion on 'Responsible Road Behaviour' – 20th April,2016 at the imperial, New Delhi. Release of the 2016 edition of the EBG Position Paper – 4th May,2016 at the Taj Mahal Palace, Mumbai Release of the 2016 edition of the EBG Position Paper – 8th July,2016 at the RitzCarlton, Bengaluru We pray for world peace and for so many innocent human beings including little children killed and injured due to the most mindless, barbaric & callous killings. Our focus like every year is to further strengthen the membership across all four chapters and to build the SME Forum to start with, in Delhi. Members who are interested to contribute to the building of EBG’s SME Forum can write to Neema S Kumar at gm@ebgindia.com In the run up to the publication of this year’s Position Paper, EBG has enabled the European companies to come together, sector by sector, and present their concerns and solutions to the relevant Government agencies. The Position Paper has thus set an agenda for advocacy by EBG and the basis of a continuing dialogue with policy makers and concerned Government agencies. The Sector Committee members, on behalf of EBG Membership, will continue to meet and interact with relevant Ministers and senior Bureaucrats in Government of India and State Governments. This year successful Position Paper launch events were held in Delhi, Mumbai and Bengaluru on 10th April, 4th May and 8th July respectively to release the 2016 edition of the EBG Position Paper. We present to you, in this Newsletter, a peep into the Release events. EBG Federation is a member of the European Business Organisation Worldwide Network (EBOWWN)and I attended their Annual meeting in Brussels in June. There are a lot of positive signals from the European Commission and the EU Delegation in India to support EBG in India as they see in EBG a very strong body to represent the voice of European businesses in India. The EBG Position Paper has over the years been very well received and appreciated by the European Commission, EU Delegation in India and the EBOWWN members. Further, we have had important meetings & events over the last few months, a glimpse of which are presented in this Newsletter’s Chapter updates. I would like to put in a word of acknowledgment to EBG’s Council members in all its chapters for being the source of encouragement for EBG’s growth and for holding high the EBG flag. You can look forward to more interactive sessions and some high profile events in the coming months with key EBG Stakeholders. Best wishes to our members who will be on holiday during this traditional European holiday period & a happy monsoon season to the members who are still holding fort in India. May God Almighty rest their souls in peace and give their near & dear the strength to face this irreparable loss in Nice, France. Best wishes, Raman 1